According to Harvard Law Professor Alan Dershowitz, speaking on Anderson Cooper's CNN show Monday night, Eliot Spitzer should not resign nor should he be prosecuted because prostitution is a "victimless crime."
Dershowitz gave us the usual nonsense about how Europeans would regard all this as no big deal, but what does this prove other than the fact that many Europeans have reached the nadir of moral debauchery? Yes, we all know that in France the discovery that a politician has a mistress or even patronizes prostitutes can raise their poll ratings. Is this really an area in which we wish to emulate French degeneracy?
I'm more interested in Dershowitz's claim that Spitzer is guilty of a crime that doesn't have any victims. Is this really true? Let's make a list of all of Spitzer's victims.
His wife: Spitzer's wife of 20 years not only has to cope with the public knowledge that her high-profile husband frequents prostitutes, but she also has to stand alongside him while Spitzer makes a press statement on his sexual and legal offenses. Converting your wife into a political prop--what could be more humiliating?
His daughters: For years the girls could think of their dad as a champion of legal and moral rectitude, fighting Wall Street crooks, shutting down prostitution dens, and so on. Now these innocent children must endure the knowledge that their father is far from what he portrayed himself to be. Spitzer has made shipwreck of his family and disgraced his children in public. What are his daughters going to say when they next see their friends?
New York citizens: Isn't there something outrageous when a high public official, and in this case a former attorney general, somehow gets the idea that he is above the law? That he can break the law with impunity? Why should other New Yorkers be held accountable to the law but not Spitzer? Spitzer of all people has worked to emphasize the idea that no one is above the law. So if Spitzer gets away with this, he will have screwed more than the $4000 hooker.
Alan Dershowitz: There is something about Democratic malfeasance (Barney Frank's relationship with a male prostitute, Clinton sex scandals, the latest Spitzer prostitution scandal) that causes liberal Harvard professors who agree with the politics of the culprits to lose their normal good sense. Whether Dershowitz thinks the law in question is a good one or a bad one is irrelevant here. Laws are made to be followed, and it's odd when law professors think that this doesn't apply to laws about sex. Clearly Alan Dershowitz's legal and moral intelligence has become the latest victim.
Reader Comments ( Page 3 of 25)
31. brian,
I can't disagree much there, but around that time got quite interesting and experimental - more liberal.
Mokele-Mobembe at 10:07AM on Mar 11th 2008
32. Ryan Anderson must have a thing for DD. He almost always completely disagrees with him yet strangely is attracted to his blog every day. You completely missed the point about Elliot Spitzer. Having a mistress and using a prostitute are both making victims out of his wife and family. The issue is not the legality of prostitution the issue is whether prostitution is a victimless crime, that is the main point of DDs article.
Greg at 10:21AM on Mar 11th 2008
33. Greg: you don't know the man's relationship with his wife. You are assuming that she is a victim. What if she prefers not to have sex with her husband, and it's OK to have his needs met elsewhere? Don't act like it never happens.
My father was a sonofabitch, but that never reflected on me.
Too many people get in a twist about other people's sex lives. Big f'in deal.
And I don't recall DD running any blogs about the MYRIAD of scandals by republicanists over the past year.
Linda at 10:26AM on Mar 11th 2008
34. "...emulate French degenerecy?" I hope they stuff a double-handful of Fries down your pathetic, judgmental gullet! That oughta shut you up! Viva la France!
robert at 10:30AM on Mar 11th 2008
35. French Degeneracy? Are all these people French then???
http://www.armchairsubversive.org/
Godless Heathen Brian at 10:32AM on Mar 11th 2008
36. Seriously, Bridget. What got you so upset yesterday?
Linda at 10:33AM on Mar 11th 2008
37. robert,
They're called FREEDOM FRIES!!!
Mokele-Mobembe at 10:35AM on Mar 11th 2008
38. There is a morality issue - when someone takes a vow to be faithful in a marriage and then breaks that vow, it is without a doubt shameful and hurts all those who held trust with that person.
There are currently laws that prohibit prostitution. Some would say that it should not be illegal. But that point is mute - there is a law and Governor Spitzer broke it.
In this country we place great value on truth and a moral countenance that rises above most when put / elected into a position of trust. Failing that , Spitzer should announce his resignation. Just as Larry Craig should have resigned.
Whether or not you believe that prostitution is no different than having a mistress/lover is not the point, our law makers have deemed it illegal and until the laws are changed it should be upheld.
I think in some regards you can't legislate morality - everyone has their own opinion as to what should be legal or illegal, but it is the moral majority that usually makes the law and it should be followed until the moral majority changes it.
TJ at 10:36AM on Mar 11th 2008
39. and where are all the female posters decrying the other obvious victim; the prostitute? Or is prostitution now a good career choice, as opposed to something awful that men force women into? I guess at 2K per hour, it's not such a bad choice, unless there's a pimp somewhere keeping most of that.
fanmanaf1 at 10:37AM on Mar 11th 2008
40. Better to use a hooker than diddle a child...
Spitzer's toast, hopefully. I don't tolerate any corrupion in office, republican nor democrat. He's as much a snake as many republicans are. No doubt.
Just saying though, that you republicans are fine one to throw stones at Spitzer when you've got Larry Craig and Marc Foley and Ted Haggard. And all the many others on the list that I posted above. Like Timothy McVeigh and Ted Bundy.
Hell, you guys had Ted Bundy working for you as a fundraiser!!!
Godless Heathen Brian at 10:39AM on Mar 11th 2008
41. TJ,
The point is Spitzer broke the laws that HE proponed and judged others by, and will thus get little sympathy.
Mokele-Mobembe at 10:41AM on Mar 11th 2008
42. GHB,
I'm not as good with palindromes, why did you give me this homework? I rise to the occasion with my own original (meaningless) palindromes:
'Nam, uh, Bush subhuman.
Maelstrom E.D., love Voldemort's leam. (No comment)
Andrew O: Power DNA. (A new superhero?)
Emeticx excite me. (Yeah, yeah, it should be an "s")
No Coen's is neocon. (Grammar damage)
Bandanna Pajama-sama's Japan nad nab.
Pirana Pajama-sama's Japan a-rip.
Madonna Pajama-sama's Japan no dam. ("no" is like "'s" in Japanese. Still meaningless)
Napa Japan (They're a software group)
Obama B.O.
Spitzer: EZ Tips.
Ye komodo, Mokey.
Elohim, mi hole. (Meaningless?)
Ga! Brian, an airbag!
Ya, best to be Botts, eBay!
Dev loser resolved. (That's useful, because I'M a dev loser)
Palindromes are hard.
Mokele-Mobembe at 10:44AM on Mar 11th 2008
43. brian, you just blew my irony meter.
But to the topic on hand, there are two questions to examine. One, is prostitution a victimless crime? After all sex isn't inherently harmful or violent. Spitzer didn't beat her or rape her. He didn't pay for sex out of public funds. Thus, criminal punishments seems a bit out of sorts. Really, my only personal disagreement with the whole thing was that there wasn't a services tax attached, and I doubt that income lands on the woman's income tax.
But should it be consequence free? Of course not. Nothing is consequence free. When he goes up for reelection, he will have this against him. His wife may divorce him. He could be subject to a recall. Ultimately, that is up to the decisions of his constituents and his wife and family.
I have to wonder though, why is prositution so reviled. Adultry I can understand... it's a violation of a contract and personal trust... but prositution? I was in the business for three years at a legal brothel in Nevada and I simply don't understand why it isn't legal and regulated everywhere. My clients were men who couldn't get girlfriends. Who didn't have time during the day to make a relationship. Who were trapped in loveless marriages, but couldn't get divorced or risk losing their home and kids. And a lot were horny guys who probably had a touch of a Lolita fetish. I'm pretty sure a third of my time was spent playing therapist. My point is that my service didn't harm any of those men or women. They knew I was drug and disease free, was on contraceptives, and most of all was willing if they met my price. (Which was, on average, about 500-600 dollars an hour, of which I kept 40%. The rest was taken by the brothel and taxes.) Given the risks of STD's, Pregnacies, and broken relationships then seeing a prostitute is a rational response.
Ultimately, any prude with a stick up their butt can pooh pooh Spitzer's action and say he should be this and he should be that. But liberals weren't calling for Craig to be fired for seeing a gay hook up, so I doubt that we're going to be burning Spitzer in effigy for renting a straight one. And yeah, it's a hypocritical and scummy thing to do to his wife, but we don't throw people in jail for being hypocritical and scummy. We throw them in jail when their actions cause real bodily or economic harm to another.
So get a grip.
Somber at 10:44AM on Mar 11th 2008
44. So D'idiot, where are your continued calls for Larry craig to step down?
get Dinesh kicked off AOL.
http://daol.aol.com/main
Use the feedback heading and let them know.
Tim at 10:49AM on Mar 11th 2008
45. My question:
Why not legalize prostitution? Regulate it and give it a big SIN tax? The IRS should be happy - what makes this different than gambling? Drinking? Smoking?
People ruin their lives just as much with those things as they would with sex.
Just a question. - I still think it is morally wrong for anyone who has made vows to another to engage in sexual activities that break those vows, whether they paid for it or not.
TJ at 10:47AM on Mar 11th 2008